P.Madhavadas v. Principal Secretary To The Government
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE 31ST DAY OF MARCH 2015/10TH CHAITHRA, 1937 WA.No. 1319 of 2010 ( ) IN WP(C).19508/2010 --------------------------------------------- AGAINST THE JUDGMENT IN WP(C) 19508/2010 of HIGH COURT OF KERALA DATED 22-07-2010 APPELLANT(S)/APPELLANT IN WPC:
------------------------ P.MADHAVADAS, MEMBER BEYPORE GRAMA PANCHAYATH, NORTH BEYPORE PO CALICUT 673 015.
BY ADVS.SRI.A.SUDHI VASUDEVAN SMT.K.PUSHPAVATHI SRI.K.NANDAKUMAR RESPONDENT(S)/RESPONDENTS:
----------------------------
1. PRINCIPAL SECRETARY TO THE GOVERNMENT LOCAL SELF GOVERNMENT (EM) DEPT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. DISTRICT COLLECTOR KOZHIKODE
3. SECRETARY BEYPORE GRAMA PANCHAYATH, BEYPORE, KOZHIKODE.
4. BEYPORE GRAMA PANCHAYATH, REP BY ITS PRESIDENT, BEYPORE, KOZHIKODE.
5. KOZHIKODE CORPORATION REP BY ITS SECRETARY, KOZHIKODE.
6. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM R3 & R4 BY ADV. SRI.B.S.SYAMANTHAK R5 BY ADV. SRI.P.V.SURENDRANATH R1, R2, R6 BY SR GOVT PLEADER SRI.M.K.ABOOBACKER THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 31-03-2015, ALONG WITH WA.1398/2010, 1598/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC & ALEXANDER THOMAS, JJ.
----------------------------------- W.A.Nos.1319, 1398 & 1598 of 2010 ----------------------------------- Dated this the 31st day of March, 2015
JUDGMENT
Antony Dominic, J.
1.These writ appeals are filed against the judgment in W.P(C).Nos.19508/10, 18167/10 and 18543/10, filed challenging the proceedings initiated under section 4 of the Kerala Municipality Act, 1994 for the merger of Elathur, Cheruvannur-Nallalam and Beypore Grama Panchayats in the Kozhikode Corporation. By the judgment under appeal, learned single Judge dismissed the writ petitions. It is aggrieved by this judgment, these appeals are filed.
2.During the pendency of these appeals, Government have issued circular Nos.§®¢3/13(8)/2014/ÄØbÍÕ and §®¢ 3/13(9)/2014/ÄØbÍÕ dated 25.1.2015, whereby, fresh proceedings have been initiated under section 4 of the Act. It is also informed that on the proposals contained in the said notifications, objections were invited and parties were heard by the Government on 11th, 12th and 13th of March, 2015. This, therefore, means that the cause of action on the basis of which
WA.1319/10 & con. cases the writ petitions in question were filed no longer survives and that cause of action, if any, for the appellants or anybody else can arise only after final orders are passed on the proposals initiated by the Government in pursuance of the notifications mentioned above.
In the aforesaid circumstances, these writ appeals are disposed of leaving it open to the parties to work out their remedies in case they are aggrieved by the final orders to be passed by the Government on the proposals now initiated under section 4 of the Act as per the notifications mentioned above. Sd/- ANTONY DOMINIC, Judge.
Sd/- ALEXANDER THOMAS, Judge.
kkb.
/True copy/ PS to Judge